KUALA LUMPUR (Oct 5): Former Malaysian External Intelligence Organisation (MEIO) director-general Datuk Hasanah Abdul Hamid has objected to the prosecution's bid to have 'in-camera' proceedings for parts of her criminal breach of trust (CBT) trial, which is yet to commence.

The prosecution today made an application to the High Court to have 11 of its 37 witnesses in the trial be heard ‘in-camera’, as it involves divulging national security issues. An in-camera proceeding is a proceeding carried out in private, in the absence of the public and the press.

Hasanah’s lawyer Hamdan Hamzah, however, argued today that ‘in-camera’ proceedings would be prejudicial to his client, and that there was no evidence to support the claim that the 11 witnesses' testimonies would be threatening to national security.

“This blanket ban will be detrimental to the rights of the accused,” he said before High Court Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh.

He also said there was no proof that diplomatic ties with other nations will be affected by having the witnesses testify in an open court, as adduced by the prosecution.

On the other hand, he said the defence will be handicapped if the identities, roles and testimonies of the 11 witnesses are not disclosed prior to the start of the trial.

He also said the court should decide if the testimonies constitute a threat to national security.

He was rebutting arguments put forth by Deputy Public Prosecutor Muhamad Iskandar Ahmad, who argued that because this is a “highly covert” agency, the testimonies of the witnesses in question could negatively impact the country.

Muhamad Iskandar said the role and duties of the organisation would be laid bare before the public and would jeopardise the workings of the agency. “The witnesses’ identities will be revealed and there will possibly be threats on their lives,” he said.

He also said Malaysia’s foreign intelligence relationship would be exposed and if sensitive information like this is publicly disclosed, it could significantly impact diplomatic ties.

Following the prosecution and defence submissions today, Justice Ahmad Shahrir said he will decide on the matter tomorrow.

Hasanah is alleged to have committed CBT by misappropriating RM50.4 million (US$12.1 million) in funds belonging to the Malaysian government.

On Oct 25, 2018, the ex-spy chief pleaded not guilty in the Sessions Court to the CBT charge.

Hasanah allegedly committed the offence at the office of the director-general, Research Division, Prime Minister’s Department Complex, Federal Government Administrative Centre in Putrajaya between April 30 and May 9, 2018.

She was charged under Section 409 of the Penal Code, which carries a maximum jail term of 20 years, whipping and fine, upon conviction.